The first big hurdle has been taken by Google and Motorola Mobility. The European Union has given the green light for Google to proceed with its acquisition of Motorola Mobility. The EU will, however, monitor the deal and its outcome for potential patent abuse. Update: And there we go, the US DoJ has approved the deal as well. Update II: The just-linked DoJ report also approves the Nortel patent sale to Apple, Microsoft, and RIM. I'm hoping for lots of fireworks here so the patent system blows up in Google's, Microsoft's and Apple's faces, so we can point and laugh about all the money they wasted.

My apology: I see the distinction you are making, and I had a slight misunderstanding. But this makes an already useless hypothetical even more useless. Company A is not doing ANYTHING whatsoever to be defensive other than make the very same offer they were making before needing to be "defensive." Which does not show me how standards-essential patents can be used defensively, it's only avoiding the question.